Monopoly Law
 
Cody Wheeler v. Pilgrim's Pride Corporation

This appeal is concerned only with § 202 of the Packers and Stockyards Act (“PSA”) enacted in 1921 to cope with market control of the meat packing 1 industry by five companies. That section as it stands today, codified as 7 U.S.C. § 192, is set forth in the appendix and referred to hereafter as codified. Congress has amended the PSA multiple times since its passage, including additional prov

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Kentucky Speedway, LLC v. National Association of Stock Care Auto Racing, Inc.

Kentucky Speedway, LLC (KYS) sued both the National Association of Stock Car Auto Racing, Inc. (NASCAR) and an affiliated company that owns multiple racetracks called International Speedway Corporation (ISC), alleging that they violated federal antitrust laws by not sanctioning a Sprint Cup race at KYS’s racetrack in Kentucky and by preventing KYS from purchasing other racetracks that already ho

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Epix Holdings Corporation v. Marsh & McClennan Companies, Inc.



This appeal presents issues concerning whether a non-signatory may enforce an arbitration clause in a contract signed by its subsidiary corporation, the scope of that arbitration agreement, and whether, even if included therein, the Legislature nevertheless intended statutory antitrust claims to be non-arbitrable. Defendants National Union Fire Insurance Company of Pittsburg, PA (National

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Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal from a judgment against a general partner for wrongful dissociation, breach of a noncompete clause, breach of the covenant of good faith and fair dealing, intentional interference with prospective contractual relations or business expectations, breach of fiduciary duties, and civil conspiracy. We vacate the judgment and remand this case for further proceedings.

I. BACKGROU

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Advanced Micro Devices, Inc. v. Intel Corp.

Advanced Micro Devices, Inc. sued Intel Corp. on unfair competition and antitrust violation theories claiming that Defendant wrongfully offered rebates and discounts to monopolize the computer chip business worldwide. Plaintiff claimed that Intel obtained control of about 80% of the microprocessor market by using illegal tactics to maintain a monopoly in the market.

Intel denied wrongdoin

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Apple, Inc. v. Psystar Corporation

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

In this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apple’s motion is GRANTED and Psystar’s motion is DENIED.

STATEMENT

Plaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system

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Jan Lubin v. Farmers Group, Inc.

The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for

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Century Indemnity Company v. Certain Underwriters at Lloyd's, London

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered

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David D. Beal, et al. v. David A. McGuire, et al.

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c

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Four Corners Nephrology Associates, P.C. v. Mercy Medical Center of Durango

To provide Durango, Colorado, residents and Southern Ute Indian tribe members with greater access to kidney dialysis and other nephrology services, Mercy Medical Center, a non-profit hospital, together with the tribe, sought to entice Dr. Mark Bevan to join the hospital’s active staff. When Dr. Bevan declined, the hospital hired somebody else. To convince that physician and others to settle in D

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Amgen, Inc. v. F. Hoffman-La Roche, Ltd.

This is a patent case. Amgen Inc. (“Amgen”) is the owner of U.S. Patent Nos. 5,441,868 (“the ’868 patent”), 5,547,933 (“the ’933 patent”), 5,618,698 (“the ’698 patent”), 5,756,349 (“the ’349 patent”), and 5,955,422 (“the ’422 patent”). The patents relate to the production of the protein erythropoietin (“EPO”) using recombinant deoxyribonucleic acid (“DNA”)

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Prometheus Laboratories, Inc. v. Mayo Collaborative Services

Prometheus Laboratories, Inc. (“Prometheus”) appeals from the final judgment of the United States District Court for the Southern District of California granting summary judgment of invalidity of U.S. Patents 6,355,623 (“the ’623 patent”) and 6,680,302 (“the ’302 patent”) under 35 U.S.C. § 101. Prometheus Labs., Inc. v. Mayo Collaborative Servs., No. 04-CV-1200, 2008 WL 878910 (S.

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Maryland Department of Transportation v. Gregory Maddalone

In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI” job with the Maryland Department of Transportation (“MDOT”), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina

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Maryland Department of Transportation v. Gregory Maddalone

In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI” job with the Maryland Department of Transportation (“MDOT”), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina

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One Industries, LLC v. Jim O'Neal Distributing, Inc.

We venture into the world of motocross racing to determine whether federal trademark law protects a motorcycle apparel company’s use of a stylized “O” on its products. ONE INDUSTRIES v. O’NEAL DISTRIBUTING 11599

I

A

Motocross is a popular form of off-road, rough terrain motorcycle racing. Jim O’Neal Distributing, Inc. (“O’Neal”), is a leader in the industry. Fo

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Minneapolis Taxi Owners v. City of Minneapolis

In 2006, the City of Minneapolis (the “City”) amended its taxicab ordinance to uncap the number of transferable taxicab licenses it issues, thereby opening a previously restricted market. The Minneapolis Taxi Owners Coalition (the “Coalition”), a group comprising holders of approximately seventy-five transferable taxicab licenses, sued the City, asserting federal and state constitutional v

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Qwest Corporation v. Arizona Corporation Commission

The Telecommunications Act of 1996 (“Act” or “1996 Act”), Pub. L. 104-104, 110 Stat. 56 (codified in part at 47 U.S.C. §§ 251-261, 271), created a complex federal scheme to encourage competition in local telephone service markets previously dominated by state-sanctioned local exchange carrier monopolies. AT&T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 371-72, 377-80 (1999). Sections 251 and

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Coalition for ICANN Transparency, Inc. v. VeriSign, Inc.

This appeal is about whether the plaintiff, Coalition for ICANN Transparency, Inc., using antitrust statutes drafted in the late 19th century, has successfully stated claims in connection with the administration of the Internet domain name system, so essential to the operation of our sophisticated 21st century communications network. The district court ruled that the plaintiff failed. With the ben

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Partner & Partner, Inc. v. Exxonmobil Oil Corporation, et al.

Plaintiff Partner & Partner, Inc., appeals from the district court’s decisions (1) granting summary judgment to defendants ExxonMobil Oil Corporation and Michigan Fuels, Inc., on the breach of contract, antitrust, unjust enrichment, and tortious interference with advantageous business relationships claims; and (2) denying plaintiff’s motion to amend the complaint to assert new claims of fraudu

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Abbott Laboratories, et al. v. Sandoz, Inc., et al.

In this case, the same patent, U.S. Patent No. 4,935,507 (the ’507 patent), occasions litigation in both the United States District Court for the Eastern District of Virginia and the United States District Court for the Northern District of Illinois. The Virginia District Court granted the motion of Lupin Ltd. and Lupin Pharmaceuticals Inc. (collectively Lupin) for summary judgment of noninfring

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J.R. Simplot, et al. v. Chevron Pipeline Company, et al.

J.R. Simplot Company, Simplot Phosphates, LLC, and Simplot Pipeline, LLC (collectively “Simplot”) sued Chevron Pipeline Company, Chevron Chemical Company, and Chevron U.S.A., Inc., (collectively “Chevron”) for failure to defend and indemnify Simplot pursuant to two sales agreements. Chevron denied its liability and asserted counterclaims. The district court granted summary judgment in favo

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Marcella McGrath v. SNH Development, Inc., & a.

NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by

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Beatrice C. Romero and Michael Ferree v. Philip MOrris, Inc.; R.J. Reynolds Tobacco Co.; Brown & Williamson Tobacco Corp.; Lorillard Tobacco Co.; Liggett Group, Inc; and Brooke Group, Ltd.

{1} This is an appeal from the district court’s grant of summary judgment in favor of Defendants on Plaintiffs’ claim that Defendants engaged in an unlawful conspiracy to fix the prices of cigarettes sold in New Mexico. We affirm the summary judgment in favor of Defendants Liggett and Lorillard; we reverse the summary judgment in favor of Defendants Philip Morris, Brown & Williamson, and

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Christy Sports, LLC v. Deer Valley Resort Company, Ltd.

When the Deer Valley Resort Company (“DVRC”) was developing its world-renowned ski resort in the Wasatch Mountains, it sold parcels of land within the resort village to third parties, while reserving the right of approval over the conduct of certain ancillary businesses on the property, including ski rentals. For about fifteen years, DVRC granted permission to Cole Sports and plaintiffappellan

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Leegin Creative Leather Products v. PSKS, Inc., dba Kay's Kloset...Kay's Shoes

In Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U. S. 373 (1911), the Court established the rule that it is per se illegal under §1 of the Sherman Act, 15 U. S. C. §1, for a manufacturer to agree with its distributor to set the minimum price the distributor can charge for the manufacturer’s goods. The question presented by the instant case is whether the Court should overrule the per

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